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Kolkata Court September 2016 Judgments

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Sep 06 2016

Arcl Organics Ltd. and Anr. Vs. Commissioner of Central Excisev

Court: Kolkata

Decided on: Sep-06-2016

GA No.1943 GA No.1945 RVWO No.20 CWXA No.7 GA No.2856 of of of of of 2016 2016 2016 2015 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Central Excise) ORIGINAL SIDE ARCL ORGANICS LTD.& ANR. -VersusCOMMISSIONER OF CENTRAL EXCISE-V COMMISSIONERATE Appearance: Mr.Saptangshu Basu, Sr.Adv.Mr.Anondo Sen, Adv.Mr.Debjyoti Das, Adv.Mr.Sankar Ranjan Sen, Adv.Mr.Ramesh Sharma, Adv...for the appellant. Mr.Uday Sankar Bhattacharyya, Adv.Mr.Bhaskar Prasad Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE MIR DARA SHEKO Date : 6th September, 2016. The Court : G.A.No.1943 of 2016 is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 267 days in presenting the Memorandum of Review being RVWO No.20 of 2016. We have heard the learned Senior Counsel Mr.Saptangshu Basu for the applicant and also the learned Advocate Mr.Uday Sankar Bhattacharyya, representing the respondent- Commissioner of Central Excise and peru...


Sep 05 2016

Cts Industries Ltd. Vs. Gammon India Ltd. and Anr.

Court: Kolkata

Decided on: Sep-05-2016

ORDER SHEET G.A.No.359 of 2014 C.S.No.11 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CTS INDUSTRIES LTD.Versus GAMMON INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 5th September, 2016. For Plaintiff : Mr.Jishnu Saha, Sr.Adv.with Mr.Ashis Kr. Mukherjee, Ms.Sulagna Mukherjee & Mr.Sushil Kr. Sewak, Adversus For Defendant no.1 : Mr.Utpal Bose, Sr.Adv.with Mr.Swatarup Banerjee & Mr.Rohit Mukherjee, Adversus The fiRs.defendant has applied for revocation of the leave granted under Clause 12 of the Letters Patent on the ground that the work order of April 14, 2010, under which the claim has been made, is governed by a forum selection clause which has been completely glossed over in the plaint. The fiRs.defendant refers to the pre-suit notice of demand of September 26, 2013 and the reference in such demand to the work order of April 14, 2010 as being the contract under which the demand was raised. However, the plaintiff does not...


Sep 02 2016

Yash Plastomet Pvt. Ltd. Vs. The Assistant Controller of Patents and D ...

Court: Kolkata

Decided on: Sep-02-2016

IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE PRESENT : THE HONBLE JUSTICE PATHERYA AID No.2 of 2008 YASH PLASTOMET PVT.LTD.VERSUS THE ASSISTANT CONTROLLER OF PATENTS & DESIGNS & ANR. For the Appellant : Mr.Ranjan Bachwat, Adv., Mr.Debnath Ghosh, Adv.For the Respondent : Mr.Anjan Sen, Adv., Mr.Sayantan Bose, Adv., Mr.Sourav Moitra, Adv., Mr.Avirup Chatterjee, Adv.Heard on : 10.02.2011, 15.02.2011,22.02.2011, 01.03.2011, 10.03.2011, 15.03.2011, 17.03.2011 & 24.03.2011. Judgement on : 2nd September, 2016. PATHERYA J. : This appeal has been filed by the appellant from order dated 16th January, 2008 whereby the application of the appellant for cancellation of the respondent no.2s design no.187706 dated 2nd January, Container registered under Class 09-03 was dismissed. 2002 for Counsel for the appellant submits that the respondent no.2 has obtained registration of design contained in Container. In October 1997 a publication was made in the Andhra Pradesh Times. There can ...


Sep 02 2016

Premium Exchange and Finance Ltd. and Anr. Vs. M/S. S.N. Bagla and Co. ...

Court: Kolkata

Decided on: Sep-02-2016

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE) Present : The Honble Justice Nadira Patherya G.A.No.2615 of 2008 C.S.No.406 of 2000 Premium Exchange & Finance LTD.& Anr. VERSUS M/S.S.N.Bagla & Co.& ORS.For the Judgment Debtor : Mr.Abhrajit Mitra, Adv., Mr.Sarvapriya Mukhopadhyay, Adv., Mr.Chayan Gupta, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Sandip Dasgupta, Adv., Mr.B.Ray, Adv.For the Respondent : Mr.S.K.Kapoor, Sr.Adv., Mr.Joy Saha, Adv., Mr.S.Singhvi, Adv.Heard on : 23.02.2012, 24.02.2012, 01.03.2012, 06.03.2012, 12.03.2012, 19.03.2012. Judgment on : 2nd September, 2016 Patherya, J. : By this application the petitioner/judgment debtor (Bagla Group) seeks a declaration that the consent decree dated 26th April, 2002 be declared null and void or the same be set aside on the ground that the basis of valuation is not only incorrect but the valuers were biased against the petitioner as they are Chartered Accountants of 15 companies of the Birla Group, and th...


Sep 02 2016

Religious Fund Vs. Numazar Dorab Mehta and Ors.

Court: Kolkata

Decided on: Sep-02-2016

GA No.2991 of 2011 ACR No.5 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CALCUTTA ZOROASTRIAN COMMUNITY'S RELIGIOUS FUND -VersusNUMAZAR DORAB MEHTA & ORS.Appearance: Mr.P.C.Sen, Sr.Adv.Mr.Satarup Banerjee, Adv.Mr.Rudraman Bhattacharyya, Adv.Mr.Ranajit Roy, Adv.Mr.Sourish Banerjee, Adv...for the petitioner. Mr.Ranjan Deb, Sr.Adv.Ms.Manju Bhuteria, Adv.Mr.Ravi Asopa, Adv...for the respondent. Mr.Jishnu Saha, Sr.Adv...for Hooghly Investments LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 2nd September, 2016. The Court: The petitioner belongs to Zoroastrian Community. The petitioner in this application has prayed for recalling of an order dated 17th December, 2007 confirming the sale of premises No.26, Prafulla Sarkar Street (earlier known as Sooterkin Street).Calcutta in favour of Hooghly Investments Limited. The petitioner alleged that the said sale was confirmed in favour of Hooghly Investments Limited (hereinafter referred to as HIL) by pr...


Sep 02 2016

A) Orissa Small Industries Corpn. Ltd. and Another – Vs. Narasingha ...

Court: Kolkata

Decided on: Sep-02-2016

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Present: The Honble Justice Nishita Mhatre & The Honble Justice Tapabrata Chakraborty A.P.O.301 of 2015 G.A.2365 of 2016 With W.P.790 of 2014 Coal India Limited versus Sumit Majumdar & ORS.For the Appellant : Mr.Alok Banerjee, Mr.Susanta Pal, Mr.Partha Basu, Mr.Nikhil Kr. Roy. For the Respondent / Writ Petitioner : Mr.Soumya Majumdar, Mr.Mainak Ganguly. Hearing is concluded on : 29.08.2016. Judgment On : 2nd September, 2016. Tapabrata Chakraborty J. : Coal India Limited (hereinafter referred to as CIL) has preferred the instant appeal against an order dated 13th May, 2015 passed by the learned Single Judge in W.P.No.790 of 2014 by which the respondents in the writ petition were directed to grant promotion to the writ petitioner in terms of the office order dated 22nd December, 2008 along with consequential benefits and back wages but without any interest and also further promotion in terms of the office orders dat...


Sep 01 2016

Navyug Enterprises (P) Ltd. Vs. Bangladesh Krishi Bank and Ors.

Court: Kolkata

Decided on: Sep-01-2016

GA No.1653 of 2013 GA No.1648 of 2013 CS No.80 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NAVYUG ENTERPRISES (P) LTD.Versus BANGLADESH KRISHI BANK & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 1st September, 2016. Appearance: Mr.R.Ghosh, Adv.Mr.Ayan Dutta, Adv.Mr.M.A. Jabar, Adv.Mr.N.Khanjoy, Adv.Mr.Suman Dutt, Sr.Adv.Mr.Sukrit Mukherjee, Adv.The Court : The claim is quite simple. Though the plaintiffs anxiety to cover all the bases that need not have been covered has resulted in much more having been said in the plaint and other parties being impleaded, the claim is essentially under an irrevocable international letter of credit issued by the fiRs.defendant bank. The plaintiff claims to have agreed to supply goods to the second defendant Bangladeshi importer. The second defendant caused the fiRs.defendant bank to issue an irrevocable letter of credit in respect of the transaction. letter of credit, which was expressly Under such...


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